Monaco

In Monegasque law, there are several valid reasons for terminating an employment contract. These can be categorized into personal grounds, economic grounds, and dismissal without stating a motive.

Personal Grounds for Dismissal

Personal grounds for dismissal can include disciplinary dismissal, professional inadequacy, and incapacity. Disciplinary dismissal can occur due to poor conduct, professional failings, or violations of company policy. Professional inadequacy refers to unsatisfactory job performance after warnings and opportunities to improve have been given. Incapacity can be due to prolonged illness or injury that prevents work performance.

Economic Grounds for Dismissal

Economic grounds for dismissal can include economic difficulties and technological changes. Economic difficulties refer to documented financial hardship faced by the company. Technological changes can lead to job cuts due to automation or streamlining processes.

Dismissal Without Stating Motive

Dismissal without stating a motive is also possible under specific conditions.

Notice Requirements

Notice periods in Monaco are based on the employee's length of service with the company. For less than six months of service, no notice period is required. For six months to less than two years of service, one month's notice is required. For two years or more of service, two months' notice is required. Notice periods may be extended by contractual agreements or specific collective bargaining agreements.

Severance Pay

Employees qualify for severance pay under certain conditions. These include a minimum of two years of continuous service and dismissal not due to serious misconduct on the employee's part. The calculation for severance pay is 1/4 of the monthly salary for each year of service for the first 10 years and 1/3 of the monthly salary for each year of service beyond 10 years.

Monaco has established a variety of laws and frameworks to protect individuals from unfair treatment and discrimination, particularly in the areas of employment and the provision of goods and services.

Protected Characteristics

Monaco's laws protect the following characteristics:

• Gender: Discrimination based on sex or gender identity is prohibited.
• Race & Ethnicity: Protection is provided against discrimination based on a person's race, ethnicity, or national origin.
• Sexual Orientation: Individuals are safeguarded from discrimination based on sexual orientation.
• Disability: The rights of persons with disabilities are ensured, and discriminatory practices are prevented.
• Religion: Freedom of religion is promoted, and discrimination based on religious beliefs is prohibited.

Redress Mechanisms

If individuals believe they have been subjected to discrimination, they can pursue the following avenues:

• Internal Reporting: Many Monaco companies have internal complaint mechanisms to address discrimination issues.
• High Commissioner for the Protection of Rights, Liberties and for Mediation: This government body investigates allegations of discrimination and works towards conciliation between parties.
• Employment Tribunal: This body specifically addresses work-related discrimination disputes.
• Courts: If other methods fail, individuals can file legal action against discrimination.

Employer Responsibilities

Employers in Monaco have significant responsibilities in preventing and addressing discrimination:

• Non-discrimination Policies: Employers are responsible for developing and clearly communicating policies that prohibit discrimination and harassment.
• Training: Employers must provide regular training to employees and managers on anti-discrimination laws and how to foster an inclusive workplace.
• Complaint Handling: Employers must establish robust procedures for handling and investigating discrimination complaints promptly and fairly.
• Reasonable Accommodation: Employers are required to make necessary adjustments for individuals with disabilities to enable them to perform their jobs.

In Monaco, the standard workweek is observed as 39 hours, with a maximum of 10 working hours per day. Employees are entitled to breaks that align with the following schedule: 15 minutes for working time between 4.5 and 6 hours, 30 minutes for 6 to 9 hours of work, and 60 minutes for work exceeding 9 hours per day. Employees must receive a minimum of 11 consecutive hours of daily rest. Workers are entitled to one full day of rest per week, which is typically Sunday. Overtime work is permitted but subject to regulations and may involve higher compensation rates.

Annual Leave

Employees accrue 2.5 working days of paid leave per month of continuous work. This must not exceed a maximum of 30 working days annually. Workers may gain additional days of annual leave based on their length of service with the same company: 2 extra working days after 20 years of service, 4 additional working days after 25 years of service, and 6 extra working days after 30 years of service. Monaco observes numerous public holidays, which are considered paid time off for employees.

Ergonomic Requirements

Employers have a general duty of care to ensure healthy and safe workplaces. Key considerations may include workstation design, lighting and ventilation, and safe work practices. Employers should provide workspaces that minimize repetitive strain, awkward postures, and address individual needs. This includes adjustable chairs, desks and appropriate monitor placement. Work areas must be properly lit and well-ventilated to support visual comfort and reduce fatigue. Employers are expected to provide training and support for safe practices, including proper lifting techniques and instructions to prevent workplace accidents.

In Monaco, the well-being of workers is prioritized through a robust health and safety framework. This framework outlines employer obligations, employee rights, and enforcement mechanisms.

Employer Obligations

Employers in Monaco have a significant responsibility to ensure a safe and healthy work environment. Their key obligations include:

• Risk Assessment and Prevention: Employers are required to conduct risk assessments to identify potential hazards in the workplace. This analysis should consider the specific work activities, equipment used, and potential chemical or biological risks. Based on the assessment, employers must establish preventative measures to minimize these risks.
• Provision of Safe Equipment and Training: Employers are obligated to provide employees with the necessary personal protective equipment (PPE) required for their specific tasks. Additionally, they must offer relevant training on health and safety procedures, including proper equipment usage and safe work practices.
• Medical Monitoring: In certain high-risk occupations, employers may need to arrange for regular medical monitoring of employees. This helps in early detection of work-related health issues.
• Accident Reporting and Investigation: Employers are legally bound to report all workplace accidents and illnesses to the relevant authorities. They must also investigate the incident to prevent future occurrences.

Employee Rights

Employees in Monaco have a fundamental right to a safe and healthy work environment. This includes the right to:

• Refusal of Unsafe Work: Employees can refuse to perform work tasks they believe pose a serious and imminent threat to their health or safety.
• Information and Consultation: Employees possess the right to access information regarding workplace hazards and safety measures. They can also participate in consultations on health and safety matters within the workplace.
• Reporting Concerns: Employees have the right to raise concerns about health and safety risks to their employer or the Labour Inspectorate Service.

Enforcement Agencies

The Labour Inspectorate Service under the Department of Labor (Direction du Travail) is the primary agency responsible for enforcing health and safety regulations in Monaco. The Labour Inspectors conduct workplace inspections to verify compliance with health and safety standards. They can issue warnings, fines, or even stop work orders for non-compliance.